CC RES 1992-119RESOLUTION NO, 92 -119
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DENYING THE APPEALS, THEREBY UPHOLDING THE PLANNING
COMMISSION'S APPROVAL OF REVISIONS TO CONDITIONAL USE PERMIT NO.
1631 COASTAL PERMIT NO. 103, AND GRADING PERMIT NO. 1541 FOR A
PUBLIC GOLF COURSE AND PUBLIC OPEN SPACE IN ASSOCIATION WITH
VESTING TENTATIVE TRACT MAP NOS. 50666 AND 50667 AND TENTATIVE
PARCEL MAP NOS. 20970 AND 23004 IN COASTAL SUBREGIONS 7 AND 8,
WHICH IS PART OF THE DEVELOPMENT PROPOSAL KNOWN AS OCEAN TRAILS.
WHEREAS, on June 1, 1992, the City Council of the City of Rancho Palos
Verdes adopted Resolution Nos. 92 -54, 92 -55, 92 -56, and 92 -57 approving
Vesting Tentative Tract Map Nos. 50666 and 50667, Tentative Parcel Map Nos.
20970 and 23004, Conditional Use Permit Nos. 162 and 163, Coastal Permit No.
103, and Grading Permit No. 1541 for a Residential Planned Development
consisting of a total of eighty -three (83) single family dwelling units, an 18
hole golf course with clubhouse, and public open space on 258 acres in Coastal
Subregions 7 and 8; and
WHEREAS, within the ten (10) day appeal period, the approval of Coastal
Permit No. 103 was appealed to the California Coastal Commission by four (4)
local residents and by two (2) members of the Coastal Commission; and
WHEREAS, on August 12, 1992, after finding substantial issue with the
project as approved by the City Council, the California Coastal Commission
denied Coastal Permit No. 103, directed the landowner to redesign the project
to address the concerns raised by the Coastal Commission Staff and remanded
the project back to the City of Rancho Palos Verdes for reconsideration; and
WHEREAS, on October 9, 1992 the applicants, Palos Verdes Land Holdings
and the Zuckerman Building Company submitted revised applications and a Draft
Addendum to Environmental Impact Report No. 36 to the City which were deemed
complete on October 19, 1992. The revised applications include additional
public open space and a revised title report for the property which indicates
the actual total project area to be 261.4 acres; and
WHEREAS, after notice issued pursuant to the provisions of the City's
Development Code, the Planning Commission held a public hearing on the
revisions to the project applications and reviewed the Draft Addendum to EIR
No. 36 on November 5, 1992, at which time all interested parties were given an
opportunity to be heard and present evidence; and
WHEREAS, a Draft Addendum to Environmental Impact Report No. 36 was
prepared in compliance with the requirements of the California Environmental
Quality Act and the Planning Commission considered the information, conclusion
and mitigation measures contained in said document prior to taking action on
the revised project. After considering the information contained in the Draft
Addendum to Environmental Impact Report No. 36, the Planning Commission
adopted P.C. Resolution No. 92 -68, recommending approval of the document to
the City Council; and
WHEREAS, the Planning Commission adopted P.C. Resolution No. 92 -69
recommending approval of revisions to Vesting Tentative Tract Map Nos. 50666
and 50667 to the City Council, re- approving Tentative Parcel Map Nos. 20970
and 23004, and approving revisions to Conditional Use Permit Nos. 162 and 163,
Coastal Permit No. 103, and Grading Permit No. 1541 with conditions; and
WHEREAS, on November 6, 1992 and November 18, 1992, respectively, less
than 15 days from the Planning Commission's action, the applicants, Palos
Verdes Land Holdings Company and the Zuckerman Building Company, and Frank
Angel representing the Sierra Club, California Native Plant Society, Coastal
Conservation Coalition, Save Our Coastline 2000, and Andrew H. Sargent, each
submitteat an appeal of the Planning Commission's decision to the City Council;
and
WHEREAS, after notice issued pursuant to the provisions of the City's
Development Code, the City Council of the City of Rancho Palos Verdes held a
public hearing on December 7, 1992 to review the consider the Draft Addendum
to Environmental Impact Report No. 36, the revisions to the project
applications, and the appeals, at which time all interested parties were given
an opportunity to be heard and present evidence.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: Based on the review of environmental documentation prepared
in association with the project, as conditioned, the project mitigates or
reduces to the extent feasible significant adverse effects to adjacent
properties or the permitted uses thereof. The City Council finds that social,
recreational, and other benefits of the project outweigh any unavoidable
adverse environmental impacts that may occur and that due to overriding
benefits and considerations, that any unavoidable adverse environmental
impacts of the project are acceptable. Resolution No. 92 -115 including the
detailed statement of overriding considerations, is hereby made a part of this
resolution, by reference, pursuant to the California Environmental Quality
Act.
Section 2: Pursuant to Section 17.56.060 of the Development Code, the
City Council, in approving revisions to the conditional use permit, finds as
follows:
A. That the golf course and related uses are consistent with
the General Plan and its objectives. The General Plan land use map
designates almost the entire project site as Residential, with a maximum
density of one dwelling unit per acre, and shows the coastal bluffs as
hazard areas. The General Plan provides for additional commercial
recreational uses within the City as appropriate to a particular
location, including golf, equestrian, tennis and other recreational
activities, and designates the City's entire coastal area as a specific
plan district.
Further, the Council finds that the project complies with the
criteria set forth in the General Plan for the Natural, Socio /Cultural
and Urban Overlay Control Districts on the site. As conditioned, the
project preserves natural drainage courses and significant geologic,
biologic and hydrologic features in compliance with the Natural Overlay
Control District, protects areas that have significant historical,
archeological or cultural importance in compliance with the
Socio /Cultural District and preserves, protects and enhances public
views and vistas in compliance with the Urban Overlay Control District.
B. That the golf course and related uses are consistent with
the Coastal Specific Plan and its objectives and requirements. The
Coastal Specific Plan land use map shows the following general uses for
the project site: (a) Residential (with a maximum density of one
dwelling unit per acre) for the vast majority of the property, (b)
Hazard areas along the bluffs, in the natural drainage courses and
certain areas north of Paseo del Mar with slopes in excess of 35
Resolution No. 92 -119
Page 2 of 6
percent, (c) a floating Retail Commercial area, and (d) Recreational
parking. The text of the Coastal Specific Plan expressly permits
visitor - serving uses, such as a golf course, subject to satisfaction of
the requirements for granting a conditional use permit under the
Development Code. With 83 residential units on approximately 87.9
acres, the density is below one dwelling unit per acre and, therefore,
consistent with the Coastal Specific Plan.
In support of its finding regarding consistency with the Coastal
Specific Plan, the Council makes the following findings with respect to
certain policies of the Coastal Specific Plan:
(1) That the golf course and related uses are consistent with
Coastal Specific Plan Policy #7 for Subregion 7, which states:
"Ensure that any proposed commercial activity responds to
the needs of the coastal residents and shall not be of an
intensity which would purposefully generate a service area
external of the coastal region." Council finds that the intent of
the above policy is to limit traditional commercial development
(such as retail and office uses) so as not to create a service
area external to the coastal region and that such policy is not
intended to apply to commercial recreational uses, which are
encouraged by the General Plan and Coastal Specific Plan.
Council's interpretation of this policy is consistent with other
policies in the Coastal Specific Plan and with Resolution 82 -24,
which adopted Coastal Specific Plan Amendment No. 1 and
specifically authorized visitor - serving uses, such as golf, in
Subregion 7.
(2) That the golf course and related uses are consistent with the
Coastal Specific Plan policy that requires the area seaward of
corridor improvements to be improved and either dedicated or
permanently maintained for public use. Section 17.06.040.C.8 of
the Development Code implements this policy and requires that this
area be improved and either dedicated or permanently maintained
through deed restriction for public use. Section 17.06.040.0.6 of
the Development Code permits the preservation of open space by
dedication, deed restriction or other appropriate methods approved
by the City. In compliance with these provisions and policies,
the public paths, trails, parking and recreational areas will be
improved by the applicants and offered to the City for dedication
and the golf course area will be improved by the applicants and
permanently maintained through deed restriction for public use.
The Council specifically finds that the deed restriction on the
golf course land constitutes permanently maintained public open
space. Neither the Coastal Specific Plan nor Development Code
expressly prohibit active public recreational uses, or require
only passive public uses, for the area seaward of the corridor
improvements.
C. That the proposed golf course use is consistent with the
City's Development Code as a conditionally permitted use in any district
when deemed to be necessary or desirable for the public convenience or
welfare and when the use is not contrary to the General Plan or its
objectives or contrary to the Coastal Specific Plan or its objectives
and requirements. Public recreational uses, such as a golf course, are
encouraged by policies of the Coastal Specific Plan and General Plan. A
public golf course is necessary and desirable in that it will provide a
cash surplus to the City, it will add to the views from
adjacentproperties and from Palos Verdes Drive South, it will permit
expanded public access to the coast and current demand for golf tee
Resolution No. 92 -119
Page 3 of 6
times greatly.exceeds supply for existing public golf courses on the
Peninsula and, as a result, many peninsula and City residents must
travel great distances to golf.
The City Council hereby finds that the proposed golf course is
necessary and desirable for the public convenience and welfare and, as
set forth in sections 2(A) & (B) above, it is not contrary to either the
General Plan or the Coastal Specific Plan.
D. That given the adjacent land uses and the project's location
and design, as modified herein, and conditions imposed through this
permit, the 261.4 acre site is adequate in size and configuration to
accommodate the proposed uses including a Residential Planned
Development and golf course.
E. That given the adjacent land uses and the project's location
and design, as modified herein, and the conditions imposed by
Conditional Use Permit No. 163, attached hereto as Exhibit "A", the site
is adequate in lot size and configuration to accommodate the golf
course, clubhouse and related facilities.
F. That the site is served by Palos Verdes Drive South which is
an improved street designed to carry the type and quantity of traffic
that would be generated by the proposed project.
G. That,`given the site location, project design, and
conditions imposed through this permit and attached hereto as Exhibit
"A ", including setbacks, heights, lighting, landscaping, fencing, hours
of operation, and other conditions, the proposed use will not
significantly adversely affect the peace, health, safety, or general
welfare of the area, nor will it be materially detrimental to property
values, jeopardize, endanger, or otherwise constitute a menace to the
public health, safety, and welfare of persons in the surrounding area.
H. That the proposed project, as conditioned, mitigates or
reduces significant adverse effects to adjacent properties or the
permitted uses thereof. The City Council finds that the social,
recreational, and other benefits of the project outweigh any unavoidable
adverse environmental impacts that may occur. The project provides
visitor - serving uses in the coastal zone and, as a floating commercial
use, the proposed golf course complies with permitted uses in the RS-
1/RPD and zone as shown in the official Zoning Map, and with permitted
single family residential uses as designated in the General Plan, and
Coastal Specific Plan, while preserving and enhancing habitat areas and
providing passive and active recreational uses with a bluff road, public
parking, trails, and vista points that will provide public recreational
opportunities and preserve public vistas.
Section 3: Pursuant to Section 17.67.060 of the Development Code, the
City Council, in approving revisions to the coastal permit, finds as follows:
A. That the subject use is in conformance with the Coastal
Specific Plan, which designates the site as appropriate for Residential,
floating Retail Commercial, Recreational Parking uses, visitor- serving
uses, subject to a conditional use permit, and that the proposed
project, as conditioned, preserves the view corridors ident ified in the
visual corridors section of the Coastal Specific Plan.
B. That the proposed project, which is located between the ocean and
the first public road, is in conformance with applicable public
access and recreational policies of the Coastal Act and Coastal
Resolution No. 92 -119
Page 4 of 6
Specific Plan,.in that the proposed project will provide public
parking, vista points, public parks, trails and public access to
the coastline and along the bluff top, and a public golf course.
Section 4: Pursuant to Section 17.50.070 of the Development Code, the
City Council, in approving revisions to the grading permit, finds as follows:
A. That the grading associated with the project is not
excessive beyond that necessary for the permitted primary use of the
property since the grading has been limited to that necessary to (i)
constructing a links golf course in which preservation of natural open
space is maximized and (ii) making improvements to Palos Verdes Drive
South which are necessary for safety reasons. In addition, grading will
be balanced on the site with no export of excavated material.
8. That the grading and /or construction does not significantly
adversely effect the visual relationships with, nor the views from
neighboring sites, since the 18 -hole golf course is designed to conform
with existing topography, to the fullest extent possible to preserve
visual corridors identified in the Coastal Specific Plan when viewed
from Palos Verdes Drive South and adjacent properties.
C. That the nature of the grading minimizes disturbance to the
natural contours, and finished contours are reasonably natural, since
the majority of the project site will conform with the existing gently
sloping topography, with a significant portion remaining as undeveloped
open space.
Section 5: All mitigation measures required in Environmental Impact
Report No. 36, the Supplement to EIR No. 36 and the Draft Addendum to EIR No.
36 are hereby incorporated by reference into the conditions of approval for
the revised conditional use permit, coastal permit, and grading permit.
Section 6: For the forgoing reasons, and based on information and
findings contained in the public record, including staff reports, minutes,
records of proceedings, and evidence presented at the public hearings, the
City Council of the City of Rancho Palos Verdes hereby denies the appeals,
thereby approving revisions to Conditional Use Permit No. 163, Coastal Permit
No. 103, and Grading Permit No. 1541, subject to the conditions attached in
Exhibit "A" which are necessary to protect the public health, safety and
general welfare, and subject to approval of Tentative Parcel Map Nos.
23004/20970 and Vesting Tentative Tract Map Nos. 50666/50667 and approval of
the Addendum to Environmental Impact Report No. 36,
Resolution No. 92 -119
Page 5 of 6
PASSED, APPROVED and ADOPTED on this lot day of December, 1992.
ATTEST:
C CLERK
S ATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF RANCHO PALOS VERDES )
I. Jo Purcell, City Clerk of the City of Rancho Palos Verdes, hereby certify
that the above Resolution No. 92 -119 was duly and regularly passed and adopted
by the said City Council at a regular meeting held on December 7, 19920
AARECUP163.0T
Jo Oarcell, City Clerk
Cit of Rancho Palos Verdes
Resolution No. 92 -119
Page 6 of 6
"EXHIBIT A"
CONDITIONS OF APPROVAL FOR GOLF COURSE DEVELOPMENT
CONDITIONAL USE PBRMIT NO. 163
COASTAL PERMIT NO, 103 AND (iRADIN(i PERMIT NO. 1541
VESTING TENTATIVE TRACT MAP NO3. 50666 AND 50667
TENTATIVE PARCEL MAP NOS, 23004/20970
I. GENERAL CONDITIONS
A. DEVELOPER AGREEMENT
1. Within thirty (30) days of approval of the Conditional Use
Permits, Coastal Permit and Grading Permit, the developers shall
submit, in writing, a statement that they have read, understand
and agree to all of the conditions of approval contained in this
exhibit.
2. Approval of the Conditional Use Permit, Coastal Permit and Grading
Permit is subject to the approval of Tentative Parcel Map Nos.
23004 and 20970.
3. The developer shall participate in a proportionate share of any
City Housing Element program that is in place at the time that the
first building permit is issued for the Clubhouse or associated
improvements. The determination of the developer's fair share
shall be determined by the appropriate individual or entity, in
accordance with such housing programs and with appropriate appeal
rights. This requirement is separate and distinct from a similar
requirement contained in the conditions of approval for
Conditional Use Permit No. 162.
4. The developer shall participate in, and pay any fees required by,
the City's Public Art Program. Any proposal for participation
shall be submitted to the City prior to the issuance of grading
permits.
5. In compliance with Fish and Game Code Section 711.4, the developer
shall submit to the City a cashier's check payable to the Los
Angeles County Clerk in the amount of $850.00 for a filing fee and
a cashier's check in the amount of $25.00 for a documentary
handling fee within 48 hours of City approval of these permits.
The developer shall also pay any fine imposed by the Department of
Fish and Game, if required.
6. The operator of the golf facilities shall participate in the
City's recycling program.
7. Prior to issuance of grading permits, the developer shall submit a
green waste management and recycling program for review and
approval by the Directors of Environmental Services and Public
Works.
8. Deliveries utilizing vehicles over forty (40) feet in length shall
be limited to the hours of 5:00 a.m. to 9:00 p.m. Monday through
Friday, and 7:00 a.m. to 9 :00 p.m. on Saturday and Sunday. Other
vehicles shall be allowed to make deliveries 24 hours a day.
9. No on -site repair or delivery of equipment and /or materials shall
be permitted before 7:00 a.m. or after 4:00 p.m., except for
repair of golf course equipment within enclosed structures.
10. The developer shall fund an alternative water source study in an
amount not to exceed fifty thousand (50,r000) dollars. The purpose
of the study shall be to investigate the feasibility of developing
various alternative water sources for support of the golf course
and related facilities including such alternatives as
desalinization, reverse osmosis and other similar technologies,
water reclamation, use of dewatering wells, etc*
11. If the current drought conditions continue, or if for any other
reason the availability of water continues to be scarce, the
developer or its successor in interest shall contribute its
proportionate share of the cost of developing new water sources
for the City, including off-site development. The City or other
responsible agency shall determine the amount of the proportionate
share by conducting the necessary studies.
12. This approval is conditioned upon the applicant entering into an
agreement with the City of Rancho Palos Verdes within twenty (20)
days of the date of this approval, subject to approval by the City
Attorney, to indemnify and defend the City against all damages,
claims, judgements, and litigation costs, including, without
limitation, attorney's fees awarded to a prevailing party, arising
from the approval of the project and all 'issues related thereto.
13. Approval of this Conditional Use Permit is contingent upon the
concurrent and continuous operation of the primary components of
the project, which are the golf course and clubhouse. If either
use is discontinued, this Conditional Use Permit will be null and
void. If the landowner or the landowner's successor in interest
seeks to change the uses which have been designated, the landowner
must file an application for a major modification of the
Conditional Use Permit with the City. At that time,, the Planning
Commission may impose such conditions as it deems necessary upon
the proposed use and may consider all issues relevant to the
proposed change of use, including, but not limited to, whether the
entire Conditional Use Permit should be revoked.
14. The 18-hole golf course with support facilities shall
substantially conform to the plans reviewed and approved by the
Planning Commission.
15, The hours of operation of the clubhouse may be limited by the City
Council based on the determination that excessive sound is audible
from surrounding residential properties.
16. The City hereby reserves the right to establish a future fee or
tax (for example a greens fee) on the golf course use to which the
developer and any successors in 'Interest to the developer and any
owner(s) and/or operator(s) of the golf course shall not object.
Written notice of this condition shall be provided to any
purchaser(s) and/or operator(s) of the golf course.
17. Any additional acreage needed to increase the size or area for the
golf course and related uses shall be obtained by reducing the
acreage currently designated for residential purposes within Tract
50666, Tract 50667, or a combination thereof, provided a minimum
Resolution No. 92-119
Exhibit "A"
Page 2 of 15
of thirty (30) percent of the area within each tract remains for
Common Open Space. Any additional acreage needed to increase the
area of the golf course shall not result in a reduction in the
acreage of land to be dedicated or restricted for public open
space uses as shown on the approved Ocean Trails Plan.
18. Any future heliport proposed with this development shall be
subject to a new and separate Conditional Use Permit. No heliport
is permitted with this approval.
B. LAND USE
1. Any artificial water features (water hazards, fountains,
artificial lakes, etc.) associated with the golf course are
subject to review and approval by the Director of Environmental
Services. Such features shall be permitted, subject to the
conditions that they be lined to prevent percolation of water into
the soil and are charged with reclaimed and appropriately treated
water when available from related uses after such features are
initially established. The reclaimed water stored in any
artificial water features shall be used to supplement the
irrigation systems required to maintain the golf course. The
operation of the water features and reclaimed water shall be
subject to all applicable health code requirements. If there are
any violations in this conditions of approval, or if such features
create a public nuisance at any time (visual appearance, odor,
etc.). approval of such features may be revoked through a public
hearing before the Planning Commission, where mitigation including
draining, filling, and re- landscaping may be imposed.
C. GOLF CLUBHOUSE LOCATION
11 The golf clubhouse shall be located in the area generally
described as within and seaward of the existing (but to be
vacated) Paseo del Mar right -of -way immediately west and /or south
of the School District property, provided that mechanical methods
including, but not limited to dewatering wells, are utilized to
ensure a minimum factor of safety of 1.5 for the clubhouse
structure. Additionally, no portion of the clubhouse shall be
located in areas currently zoned Open Space Hazard (OH). If the
developer is unable to provide for a minimum factor of safety of
1.5 using mechanical methods or if the clubhouse location is
modified for any other reason, the applicant shall submit an
application for a major Conditional Use Permit for review and
approval by the Planning Commission to relocate the clubhouse.
The final location of the clubhouse shall be determined and
approved by the City Council prior to recordation of any final
map.
D. PROJECT DESIGN REVIEW
1. Within one (1) year of this approval, the developer shall submit a
full description of the project components which is in full
conformance with the approval granted by the City. Within this
same time period, the developer shall submit conceptual site plans
and elevations reflecting the approved project. The plans shall
be subject to the review and approval of the Planning Commission
and shall be consistent with the land use limitations and
conditions specified in this exhibit, and other resolutions and
conditions of approval pertinent to this approval. Requests for
Resolution No. 92 -119
Exhibit "A"
Page 3 of 15
extensions may be granted by the Director of Environmental
Services for up to one hundred eighty (180) days.
2. Within one (1) year of this approval, the developer shall submit a
conceptual parking plan reflecting the parking design for the
approved project, including calculations for the number of parking
spaces required for the golf course, clubhouse and ancillary
uses, and any on -site dining facilities. The parking plan shall
be subject to review and approval by the Director of Environmental
Services, Requests for extensions may be granted by the Director
of Environmental Services for up to one hundred eighty (180) days.
3. Prior to issuance of any grading permit, the developer shall
submit a detailed public amenities plan, including signage,
specific design standards and placement for all trails, vista
points and parking facilities, and other amenities consistent with
the Conceptual Trails Plan and subject to the review of the
Recreation and Parks Committee, the Director of Environmental
Services, the Director of Public Works, and the Director of Parks
and Recreation, and approval by the City Council. The public
amenities plan shall be in substantial conformance with the
program described in the Public Amenities and Coastal Access
Program for Rancho Palos Verdes Subregion 7 prepared on April 16,
1992 by the applicant.
4. Prior to the issuance of grading permits, or prior to final of any
map, whichever occurs first, a final site plan shall be submitted
for review and approval by the Planning Commission, identifying
the layout of the golf course holes and the location of the
clubhouse, parking lot and other lot improvements, including
drainage structures and features, utility easements, public trails
and beach access.
5. Prior to issuance of grading permits, the final clubhouse design
shall be submitted for review and approval by the Planning
Commission. The clubhouse may include ancillary facilities such
as a pro shop, .restaurant, banquet facilities, and interpretative
nature displays. The developer of the clubhouse shall be required
to participate in any Design Review Committee ("DRC'°) or similar
body processes in place at the City at the time development and
construction plans for the clubhouse are submitted.
6. Any significant changes which result in the location of the
clubhouse in an area other than that described in Condition C1
above or which results in significant changes in the development
characteristics of the approved conceptual plan per Conditions D1-
D5 above, including but not limited to the acquisition of the
School District property for golf course /open space purposes,
shall require that an application for a major revision to the
Conditional Use Permit be filed. The scope of the review shall be
limited to the request for modification of any items reasonably
related to the request, and shall be subject to approval by the
Planning Commission. Before any minor changes are made to the
development, the Director of Environmental Services shall report
to the Planning Commission a determination of significance.
Resolution No. 92 -119
Exhibit "A"
Page 4 of 15
E. PERMIT EXPIRATION
1. This permit shall expire within twenty four ( 24 ) months from the
date of this approval unless a grading permit for the golf course
and building permits for the clubhouse structure have been applied
for and are being diligently pursued. Extensions of up to one (1)
year each may be granted by the Planning Commission, if requested
in writing prior to expiration pursuant to Section 17.56.080 of
the Rancho Palos Verdes Development Code.
2. If rough grading for the golf course and construction to the point
of foundation inspection for the clubhouse structure has not been
completed within twenty four ( 24 ) months from the date of building
permit issuance, the Conditional Use Permit shall expire and be of
no further effect, unless, prior to expiration, a written request
for extension is filed with the Director of Environmental Services
and is granted by the Planning Commission. Otherwise, a new
Conditional Use Permit must be approved prior to further
development.
F. ARCHEOLOGY AND PALEONTOLOGY
1. A qualified archaeologist shall make frequent inspections during
the rough grading operation to further evaluate cultural resources
on the site. If archaeological resources are found, all work in
the affected area shall be stopped and the resources shall be
removed or preserved. All "finds" shall be reported to the
Director of Environmental Services immediately. All
archaeological finds shall be first offered to the City for
preservation.
2. A qualified paleontologist shall be present during all rough
grading operations. If paleontological resources are found, all
work in the affected area shall be stopped and the resources shall
be removed or preserved. All "finds" shall be reported to the
Director of Environmental Services immediately. All
paleontological finds shall be first offered to the City for
preservation.
G. BIOLOGY
1. Prior to issuance of grading permits, or prior'to final of any
map, whichever occurs f irst, the developer shall submit a Final
Biological Resources Preservation Plan /Habitat Preservation Plan
("BRPP /HPP" ) for review and comment by local wildlife and habitat
preservation groups, and subject to approval by the Planning
Commission.
2. A qualified biologist shall be present during all rough grading
operations to verify and ensure compliance with mitigation
measures contained in Environmental Impact Report No. 36 for
preservation of biological resources, and conformance with the
conditions and requirements of the Biological Resources
Preservation Plan as described in Condition G1 above.
Resolution No. 92 -119
Exhibit "A"
Page 5 of 15
H. WATER
1. Prior to issuance of grading permits, the developer must submit a
labor and materials bond in addition to either:
a. An agreement and faithful performance bond in the amount
estimated by the City Engineer and guaranteeing the
installation of the water system; or
b. An agreement and other evidence satisfactory to the City
Engineer indicating that the developer has entered into a
contract with the servicing water utility to construct the
water system, as required, and has deposited with such water
utility a security guaranteeing payment for the installation
of the water system.
2. There shall be filed with the City Engineer a statement from the
purveyor indicating that the proposed water mains and any other
required facilities will be operated by the purveyor, and that,
under normal operating conditions, the system will meet the needs
of the development.
3. There shall be filed with the City Engineer an unqualified "will
serve" statement from the purveyor indicating that water service
can be provided to meet the demands of the proposed development.
Said statement shall be dated no more than six months prior to
issuance of building permits for the clubhouse. Should the
developer receive a qualified "will serve" statement from the
purveyor, the City shall retain the right to require the developer
to use an alternative water source, subject to the review and
approval of the City, or the City shall determine that the
conditions of the project approval have not been satisfied.
4. The development shall be served by adequately sized water system
facilities which shall include fire hydrants of the size, type,,
y
and location as determined by the Los Angeles Count Fire Yp
Department. The water mains shall be of sufficient size to
accommodate the total domestic and fire flows required for the
development. Domestic flow requirements shall be determined by
the City Engineer. Fire flow requirements shall be determined by
the Los Angeles County Fire Department, and evidence of approval
by the Los Angeles County Fire Department is required prior to
issuance of building permits.
5. Framing of structures shall not begin until after the Los Angeles
County Fire Department has determined that there is adequate fire
fighting water and access available to the said structures.
I. DRAINAGE
1. Prior to issuance of grading permits, a bond, cash deposit, or
combination thereof, shall be posted to cover the costs of
construction of drainage improvements in an amount to be
determined by the City Engineer.
2. Prior to issuance of grading permits, the developer shall submit a
hydrology study to the City Engineer to determine any adverse
impacts to on -site and /or off -site existing flood control
facilities generated by this project. Should the City Engineer
determine that adverse impacts will result, the developer will be
Resolution No. 92 -119
Exhibit "A"
Page 6 of 15
required to post a bond, cash deposit, or combination thereof in
an amount to be determined by the Director of Public Works, which
will cover the cost of all on -site improvements and the project's
fair share of the necessary off -site improvements.
3. Drainage plans and necessary support documents to comply with the
following requirements must be submitted for approval by the City
Engineer prior to the issuance of grading permits:
a. Provide drainage facilities to remove any flood hazard to
the satisfaction of the City Engineer and dedicate and show
easements on the Final Map.
b. Eliminate sheet overflow and ponding or elevate the floors
of any structures with no openings in the foundation walls
to at least twelve inches above the finished pad grade.
C. Provide drainage facilities to protect the property from
high velocity scouring action.
d. Provide for contributory drainage from adjoining properties.
4. All on -site drainage shall be directed away from the bluff top to
minimize erosion and to protect sensitive plant habitat on the
bluff face.
5. All drainage swales and any other on -grade drainage facilities,
including gunite, shall be of an earth tone color, as approved by
the Director of Environmental Services.
J. CONSTRUCTION PLAN
1. Prior to the issuance of grading permits, a construction plan
shall be submitted to the Director of Environmental Services for
review and approval. Said plan shall include, but not be limited
to a phasing plan, limits of grading, estimated length of time for
rough grading and construction of improvements, location of
construction trailers, construction signs and equipment storage
areas and the location and type of temporary utilities.
2. The use of a rock crusher on the site is prohibited.
3. The hours of operation for grading and construction activities
shall be limited from Monday to Friday, 7:00 a.m. to 7:00 p.m. and
Saturday, 7:00 a.m. to 5:00 p.m. No maintenance of
equipment or vehicles shall be permitted before or after the hours
indicated. No truck queuing shall occur before 7:00 a.m.
4. Flagmen shall be used during all construction activities as
required by the Director of Public Works.
5. Prior to the issuance of grading permits and /or building permits,
a program to control and prevent dust and windblown earth problems
shall be submitted to the Director of Environmental Services for
review and approval. Methods may include, but shall not be
limited to, on -site watering and vegetative planting.
6. No construction of permanent structures shall be allowed closer
than twenty -five (25) feet landward of the Coastal Setback Zone.
Grading within the Coastal Setback Zone shall be limited to that
Resolution No. 92 -119
Exhibit "A"
Page 7 of 15
K.
L.
required for construction of approved trails, parks, vista points,
and golf course holes as shown on conceptual site plans required
per Conditions D1 -D5 above.
7. Noncompliance with the above construction and /or grading
restrictions shall be grounds for the City to stop work
immediately on the property.
COMPLETION PER APPROVED PLANS
1. The developer shall designate appropriate workable phases
(portions of the development to include adjoining areas of
grading, construction of the clubhouse and associated
improvements, streets of access, finish grading phases, supporting
off -site improvements and on -site drainage and utility
improvements) that shall be approved by the Director of
Environmental Services and the Director of Public Works,
2. Any workable phase not under construction which has been scarified
through grading operations shall be irrigated and landscaped.
Temporary irrigation lines may be approved by the Director of
Environmental Services.
3. Prior to the issuance of grading permits, the developer shall post
a bond, cash deposit, or other City- approved security to guarantee
substantial vegetative cover and maintenance of all finish graded
lots which have not been sold for development.
4. No building permits shall be issued prior to finish grading within
the approved workable phase of the site in which each lot is
located and until the Director of Environmental Services has
determined that all drainage facilities and common area and off -
site improvements in the workable phase of the site and necessary
for development of the phase in the approved construction plan in
which the lots.or structures are located are completed, to the
extent that the lots or structures are accessible and able to
support development.
5. The developer shall participate in any Design Review Committee
("DRC ") or similar body processes in place at the City at the time
development and construction plans for the clubhouse, golf course,
and related facilities are submitted to the City.
GRADING
1. Prior to recordation of each Parcel Map and /or Tract Map or prior
to issuance of grading permits, whichever occurs first, the
project geologist will review and approve the final grading plans
and specifications by manual signature.
2. Prior to issuance of grading permits or recordation of each Parcel
Map, whichever occurs first, a final grading plan shall be
approved by the City Engineer and City Geologist. This grading
plan shall be based on a detailed engineering, geology and /or
soils engineering report(s) and shall specifically be approved by
the geologist and /or soils engineer and show all recommendations
submitted by them. It shall also be consistent with each Parcel
Map and conditions as approved by the City.
Resolution No. 92 -119
Exhibit "A"
Page 8 of 15
3. All geologic hazards associated with this proposed development
shall be eliminated or the City Geologist shall designate a
Restricted Use Area on each Final Map, in which the erection of
buildings or other structures shall be prohibited.
4. Prior to issuance of grading permits, a bond, cash deposit, or
combination thereof, shall be posted to cover costs for any
geologic hazard abatement in an amount to be determined by the
City Engineer.
5. A note shall be placed on the approved grading plan that requires
the Director of Environmental Services' approval of rough grading
prior to final clearance. The Director (or a designated staff
member) shall inspect the graded sites for accuracy of pad
elevations, created slope gradients, and pad size. The developer
or its designee shall provide certification for all grading
related matters.
6. All of the recommendations made by the City Engineer and the City
Geologist during their on -going review of the project shall be
incorporated into the approved grading plans.
7. All of the recommendations of the project geologist, except as
modified by the City Geologist, will be incorporated into the
design and construction of the project.
8. Prior to issuance of a building permit, an independent Geology
and /or Soils Engineer's report on the expansive properties of
soils on all building sites shall be submitted to and approved by
the City Geologist in conformance with accepted City practice.
Such soils are defined by Building Code Section 2904(b).
9. Prior to issuance of a building permit, an as- graded soils and
geologic report(s), complete with geologic map shall be submitted
for review and approval by the City Geologist in conformance with
accepted City practice.
10. Prior to issuance of a building permit, an as -built geological
report(s) for structures founded on bed rock and an as -built soils
and compaction report for structures founded on fill and all
engineered fill areas shall be submitted for review and approval
by the City Geologist in conformance with accepted City practice.
11. All grading shall be monitored by a licensed engineering geologist
and /or soils engineer in accordance with applicable provisions of
the Municipal Code and the recommendations of the City Engineer.
12. All grading shall be balanced on -site. However, should earth,
rock or other material be required to be hauled from the project
site, a revision to the grading permit, pursuant to requirements
of the Development Code, shall be obtained.
13. All grading shall conform to Chapter 29, "Excavations,
Foundations, and Retaining Walls," and Chapter 70, "Excavation and
Grading" of the Uniform Building Code.
14. Unless otherwise provided in these conditions of approval or
permitted by the Director of Environmental Services, the project
shall comply with all appropriate provisions of the City's grading
ordinance (Chapter 17.50 Grading),
Resolution No. 92 -119
Exhibit "A"
Page 9 of 15
15. All grading activity on the site shall occur in accordance with
all applicable City safety standards.
16. No created slopes within each parcel shall exceed 3:1, unless
otherwise approved by the Director of Environmental Services*
17. All graded slopes shall be properly planted and maintained.
Plants shall be selected that are drought tolerant, capable of
developing deep root systems and shall generally consist Of low
ground cover to impede water flow on the surface. Watering for
establishment of said plant material shall be done in cycles that
will promote deep rooting. Watering shall be diminished or
stopped just prior to and during the rainy season or upon
establishment of the plant material, whichever occurs first. To
provide greater slope protection against scour and erosion, all
graded slopes 'Shall be covered with a jute mat to provide
protection while the ground cover is being established. If
appropriate, the Director of Environmental Services may approve an
alternative material or method to control erosion.
18. All graded slopes shall be I'landform" graded so as to closely
reflect naturally occurring topographic contours. Slope gradients
shall be natural and no abrupt changes between natural and graded
slopes shall be permitted.
19. All natural and created slopes greater than 3:1 shall be
designated as Restricted Use Areas on the Final map.
20. All proposed retaining walls to be constructed shall be subject to
review by the Director of Environmental Services with subsequent
review by the Planning Commission, if required, for review and
approval pursuant to Section 17.50 of the Rancho Palos Verdes
Development Code.
21. Foundations and floor slabs cast on expansive soils shall be
designed in accordance with Los Angeles County Code Section
2907-io
22. The use of a rock crusher on the site is prohibited.
23. If feasible, the water used to control fugitive dust shall not be
taken from primary potable water sources. Instead, the developer
shall explore other options such as using reclaimed "grey water"
or other non-potable water to control dust on the site during
construction, subject to the review and approval of the Director
of Environmental Services and the Los Angeles County Health
Department.
24. Prior to issuance of grading permits and or recordation of the
final map, whichever occurs first, written approval must be
obtained from the owners of adjacent properties within the City
for which Off-Bite grading for trails is proposed or may result.
25. Areas of the site that are not to be disturbed during grading or
construction or that are to be protected in accordance with the
mitigation monitoring program established in Environmental Impact
Report No. 36 shall be fenced during construction.
Resolution No. 92-119
Exhibit "A"
Page 10 of 15
M. LANDSCAPING
1. Prior to issuance of grading permits, the developer shall submit a
final landscape and irrigation plan to the Director of
Environmental Services for review and approval of the clubhouse,
golf course and appurtenant structures, parking lot, and all open
space areas within the boundaries of the parcel maps and /or tract
maps, roadway medians and public trails. The final landscape and
irrigation plan shall conform to California State Model Water
Efficient Landscape Ordinance (per State Assembly Bill 325) and
shall include the following:
a. A minimum of eighty percent (80 %) drought tolerant plant
materials for all landscaped areas.
b. Landscaping within the project area shall be planted in such
a manner so that views from adjacent properties and any
public right -of -way are not affected.
C. All trees selected shall be of a species which reasonably
could be maintained at 16 feet. Said trees shall be
maintained not to exceed 16 feet in height.
d. The re- seeding and re- establishment of natural plant species
for all of the disturbed open space areas. Said plan shall
include site specific and non - invasive species, and shall be
reviewed and commented on by the project biologist and
interested parties, and shall be subject to the approval of
the Director of Environmental Services.
e. Landscaping and irrigation plans for all rough graded
surfaces.which have been scarified through grading
operations.
f. The landscaped entries and buffer zones shall meet the
standards for Intersection Visibility (Section 17.42.060),
as identified in the Development Code.
g. Irrigation systems shall utilize drip and bubbler systems
wherever possible. Controlled spray systems may be used
where drip or bubbler systems are not appropriate. All
sprinkler heads shall be adjusted to avoid overspray.
h. All high water use areas shall be irrigated separately from
drought tolerant areas.
i. Irrigation systems shall be on automatic timers and shall be
adjusted for seasonal water needs.
j. Where practical, transitional landscaping on graded slopes
shall screen the project's night lighting as seen from
surrounding areas.
2. Within 30 days after Final Map approval, or prior to issuance of
building permits, whichever occurs first, the developer shall
submit to the City a Covenant to Maintain Property to protect
views. All fees associated with recording said covenant shall be
paid by the developer.
Resolution No. 92 -119
Exhibit "A"
Page 11 of 15
N.
FENCING P�,A1S
1. A complete project fencing plan (including public trails, habitat
areas, warning signage, and proposed fence and wall details) shall
be approved by the Director of Environmental Services and /or the
Design Review Committee ( "DRC ") or similar body if established,
prior to issuance of grading permits or recordation of the Final
Map, whichever occurs first. It shall be the responsibility of
the developer to install this fencing prior to sale of any lot
within each workable phase. Said fencing plans shall incorporate
the following:
a. A 42 inch high pipe rail fence or similar fencing of
suitable design shall be placed along the length of the
bluff top on the seaward side of the bluff top pedestrian
trail, subject to the review and approval of the Director of
Environmental Services. It shall be the responsibility of
the developer to install this fencing and warning signage to
coincide with the construction of the bluff top pedestrian
and bicycle trail.
b. A protective fence around the California gnatcatcher habitat
areas and around all wildlife corridors adjacent to
residential development, or as otherwise required by the
Director of Environmental Services shall be installed.
Fencing of all enhancement areas shall also be required,
subject to the review and approval of the Director of
Environmental Services. Said fencing shall satisfy all
requirements of the project biologist, incorporate a method
to prevent domesticated animals from entering the habitat
areas, include appropriate warning signage, and shall be
black or dark green in color. Temporary fencing shall be
installed around the existing wildlife corridors and habitat
areas prior to the issuance of grading permits and the
permanent fencing shall be installed prior to the sale of
any lot within adjacent workable phases.
C. Protective fencing along all trails and open space areas
where there is a potential conflict between golf course uses
and public access uses. The required location(s) of said
fencing shall be determined at the time the final golf
course layout is reviewed and approved by the Planning
Commission.
TRAILS PLAN AND PUBLIC AMENITIES IMPLEMENTATION
1. The developer shall be responsible for implementation and
construction of all amenities detailed in the public amenities
plan as required per Condition D3 above, and Condition G1 of
Resolution No.-92 -118. Construction of the public amenities shall
coincide with the project grading activity and shall be completed
upon certification of rough grading.
2. Construction of the public trails shall be the obligation of the
developer. Construction shall coincide with the project grading
activity and shall be completed upon certification of rough
grading. Dedication of the public trails shall occur at the time
any Final Map is recorded.
Resolution No. 92 -119
Exhibit "A"
Page 12 of 15
P. MITIGATION MEASURES
1. The development shall comply with all mitigation measures of
Environmental Impact Report No. 36. Where more restrictive
language appears in these conditions of approval, the more
restrictive language shall control.
2. All costs associated with implementation of the Mitigation
Monitoring Program shall be the responsibility of the Developer,
and /or any successors in interest.
Q. OPEN SPACE BONDS
1. Prior to recordation of the Parcel Map and /or Tract Map, or
commencement of work, whichever occurs first, the developer shall
post a bond, cash deposit, or other City- approved security to
ensure the completion of all golf course, clubhouse and related
improvements, including: rough grading, landscaping, irrigation,
public trails, drainage facilities, and other site features as per
approved plans.
R. PARKING
1. Prior to recordation of the Parcel Map, the developer shall submit
a conceptual parking plan to the Director of Environmental
Services for review and approval.
2. A minimum of 150 and a maximum of 175 off - street parking spots
shall be constructed in a lot adjacent to the clubhouse, as
designated in the parking plan, for golf course and clubhouse use.
3. The parking lot shall be designed in order to mitigate or
eliminate non - aesthetic noise and views which may impact the
existing residences north of Palos Verdes Drive South, subject to
the review and approval of the Director of Environmental Services.
S. LIGHTING
1. Exterior lighting shall be limited to the Standards of Section
17.54.030 of the Development Code.
2. Prior to issuance of building permits, a lighting plan shall be
submitted to the Director of Environmental Services for review and
approval and there shall be no direct offsite illumination from
any light source.
T. COASTAL PERMIT RESTRICTION
1. Prior to issuance of grading permits or recordation of any final
map, the landowner shall record a restrictive covenant in favor of
the City in a form and on terms acceptable to the City,
restricting all land within the golf course, including any
permanent structures, for golf course and related recreational
uses open to the public. Furthermore, the deed restriction shall
specify that conversion of any portion of the approved facilities
to a private or member -only use or the implementation of any
program to allow extended or exclusive use
or occupancy of the facilities by an individual or limited group
or segment of the public is specifically precluded by this permit
Resolution No. 92 -119
Exhibit "A"
Page 13 of 15
U.
and would require an amendment to this permit or a new permit in
order to be effective.
DESIGN STANDARDS
11 The maximum height for the clubhouse, excluding architectural
features, shall not exceed thirty (30) feet in height measured at
grade adjacent.to the lowest foundation wall. Any increase in
height proposed after the approval of plans per Conditions D1 -5
shall require a minor revision to the conditional Use Permit and a
Variance application to be reviewed and approved by the Planning
Commission in conjunction with the Project Design Review as
required per Condition D1 -5 of this approval. Any increase -in
height proposed after the approval of plans per Conditions D1 -5
shall require a major revision to the Conditional Use Permit and a
Variance application to be reviewed and approved by the Planning
Commission.
2. Architectural elements (cupolas, rotundas, and towers) may be
allowed to exceed the 30 foot height limit with the approval of
the Director of Environmental Services consistent with the
conceptual site plans reviewed and approved by the Planning
Commission as required by Condition D1.
3. Any maintenance facilities associated with the golf course shall
not exceed thirty (30) feet in height, and shall utilize bermed
architectural treatment to minimize visibility of the structures.
4. Any other structures including but not limited to a snack shop,
convenience and comfort facilities, or similar structures, shall
not exceed sixteen (16) feet in height unless a minor revision to
the Conditional Use Permit and a Variance are granted by the
Planning Commission.
5. All signage, including trail signage, shall be subject to a sign
permit and subsequent review and approval by the Director of
Environmental Services.
6. Trash enclosure walls shall be a maximum of 6 feet in height and
designed to accommodate recycling bins and shall have solid, self
closing gates and be integrated into the building design.
7. All utilities exclusively serving the site shall be provided
underground, including cable television, telephone, electrical,
gas, and water. All appropriate permits shall be obtained for
their installation. Cable television, if utilized, shall be
connected to the nearest trunk line at the developer's expense.
8. No roof mounted mechanical equipment, vents, or ducts, shall be
permitted. All other mechanical equipment shall be screened
and/or covered as necessary to reduce their visibility from public
rights -of -way or adjacent properties. Any necessary screening and
covering shall be architecturally harmonious with the materials
and colors of the buildings. Use of satellite dish antennae shall
be subject to the conditions and requirements of Sections
17.41.140 through 17.41.210 of the Rancho Palos Verdes Development
Code.
Resolution No. 92 -119
Exhibit "A"
Page 14 of 15
9. Mechanical equipment shall be housed in enclosures designed to
attenuate noise to a level of 45 dBA at the property lines.
Mechanical equipment for food service shall incorporate filtration
systems to eliminate exhaust odors.
10. The use of air (leaf) blowers and gardening equipment shall not
occur before 8:00 a.m. or after 5:00 p.m. Monday through Friday or
before 9:00 a.m. or after 4:00 p.m. on Saturday. Use of such
equipment is prohibited on Sunday or national holidays.
11. Parking and security lighting shall be kept to minimum safety
standards and shall conform to all applicable City requirements.
Fixtures shall be shielded to prevent lighting from illuminating
on or towards other properties; there shall be no spillover onto
residential properties. A trial period of six (6) months from
issuance of certificate of occupancy for assessment of exterior
lighting impacts shall be instituted. At the end of the 6 month
period, the City may require additional screening or reduction in
intensity of any light which has been determined to be excessively
bright.
12. No golf course lighting shall be allowed.
13. No gates or other devices -shall be permitted which limit direct
access to the site. No freestanding fences, walls, or hedges
shall be allowed, unless part of the fencing plan reviewed and
approved by the Director of Environmental Services as required by
Condition No. N10
14. All retaining walls are subject to review and approval by the
Director of Environmental Services. Unless otherwise provided,
retaining walls shall conform to the criteria established in
Section 17.50 of the Rancho Palos Verdes Development Code.
A:\CUP163.OT
Resolution No. 92 -119
Exhibit "A"
Page 15 of 15